Terms & Conditions

These terms and conditions are applicable in respect of all entrants participating in any Facebook/Website Competitions, which may be run, promoted or organised by DGB (PTY) LTD, a company duly incorporated in accordance with the laws of the Republic of South Africa (registration number - 1946/021311/07), including its affiliates, partners, associations and agents.

Interpretation

In these Competition Terms and Conditions, unless a contrary intention appears:

1.1 any reference to (i) the singular includes the plural and vice versa, and (ii) any gender includes the other genders;

1.2 the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply to the Rules of any Competitions and all Entrants hereby waive any rights they have to rely on such rules;

1.3 unless the context indicates a contrary intention, the words and expressions defined in clause 2 shall, throughout the Competition Terms and Conditions, bear the meanings assigned to them in that clause and similar expressions shall bear corresponding meanings;

1.4 any reference to "days" shall be construed as being a reference to calendar "days" unless qualified by the word "business" in which instance a "business day" shall be any day other than a Saturday and a Sunday and/or a public holiday as gazetted by the Government of the Republic of South Africa from time to time. Any reference to "business hours" shall be construed as being the hours between 08h00 and 17h00 on any business day;

1.5 terms other than those defined within the Competition Terms and Conditions will be given their plain English meaning,

1.6 defined terms appearing in these Competition Terms and Conditions in title case shall be given the meaning as defined, while the same terms appearing in lower case shall be interpreted in accordance with the ordinary meaning as qualified by clause 1.7 and shall, unless the context otherwise indicates, include the term as defined.

Definitions

In the Terms, unless inconsistent with or otherwise indicated by the context, the following terms will have the meanings assigned to them in this clause:

2.1 "Agreement" means the contract entered into by an Entrant with the Promoter, by Entering a Competition, and consisting of, among others, the Rules;

2.2 “Closing Date” means, unless otherwise specified in the Entry Instructions, the date falling no less than three (3) days after the date on which Finalists are selected in accordance with clause 18;

2.3 "Commencement Date" means the date when Entry Instructions are posted on the website;

2.4 “Competition” means any promotional competition organised, conducted, sponsored or promoted by the Promoter, to which the Rules apply. For the purposes of this sub-clause the term “promotional competition” shall have the same meaning assigned to it in terms of subsection 36(1)(d) of the Consumer Protection Act 68 of 2008;

2.5 “Competition Terms and Conditions” means these terms and conditions;

2.6 “Cut Off Date” means the date specified in the Entry Instructions, being the earliest date after the Commencement Date;

2.7 “Enter” means compliance or purported compliance by an Entrant with the provisions of clause 11 and “Entering” shall have a corresponding meaning;

2.8 “Entrant” means any person who has become aware of, and desires to Enter, a Competition and includes an Entrant who has subsequently qualified as a Participant, Quarter-Finalist, Semi-Finalist, Finalist, or Winner as the case may be;

2.9 “Entry Instructions” means the offer, by the Promoter for Entrants to Enter the Competition, appearing on the Website and setting out information specific to the Competition to which that offer relates, such as:

2.9.1 particulars of the type and number of prizes available to be won;

2.9.2 the name of the Competition;

2.9.3 the steps required by a person to accept the offer or to Enter the competition;

2.9.4 the basis on which the results of the competition will be determined;

2.9.5 the medium through or by which the results of the competition will be made known; and

2.9.6 additional terms and conditions applicable to the Competition;

2.10 “Finalist” means a Semi-Finalist that has been selected in accordance with clause 18, below;

2.11 "Intellectual Property" includes all patents, trademarks, service marks, design rights, copyright, trade or business name, know-how, concepts, ideas, methods, procedures, processes, techniques, models, reports, templates, software or any changes or additions thereto (if any) and other similar rights or obligations, whether or not registerable, registered or application for registration thereof has been made in any party of the world;

2.12 “Participant” means an Entrant that has complied with the provisions of clause 11, below;

2.13 “Prize” means

2.14 “Promoter” means DGB (PTY) LTD, a company duly incorporated in accordance with the laws of the Republic of South Africa (registration number - 1946/021311/07), and includes its affiliates, partners, associations and agents;

2.15 “Rules” means, in relation to a specific Competition, the terms and conditions applicable to the Competition consisting of these Competition Terms and Conditions as well as the Entry Instructions of the specific Competition;

2.16 “Quarter-Finalist” means a Participant that has been selected in accordance with clause 12, below;

2.17 “Semi-Finalist” means a Quarter-Finalist that has been selected in accordance with clause 15, below;

2.18 “Website” means backtheartist.co.za and may include any Facebook page operated by the Promotor for the purpose of advertising the competition.

2.19 “Winner” means a Finalist that has complied with and/or fulfilled the requirements in terms of clause 22.

Competition

The Rules are applicable in respect of all Entrants taking part in a competition, which may be run, promoted or organised by the Promoter.

Competitions are in no way sponsored, endorsed or administered by, or associated with Facebook.

By entering a Competition all Entrants:

5.1 warrant that they have read and understood the Rules prior to entering the Competition;

5.2 agree to be legally bound by the Ruleswhich will be interpreted by the Promoter and the Promoter’s decision regarding any issue with the Competition will be final and binding and no correspondence will be entered into;

5.3 warrant that all information they may communicate to the Promoter at any time is true accurate and complete in all respects;

5.4 agree, for the purposes of section 36(6) of the Consumer Protection Act, that: (i) the medium through which a person participates in any Competition run by the Promoter, to which the Rules apply, is the Website; and (ii) the availability of the Competition Terms and Conditions via a link on the Website is “directly on the medium” and/or “a document accompanying the medium”.

5.5 agree to release and hold Facebook harmless from any and all liability associated with any Competition;

5.6 agree to, and do hereby, indemnify the Promoter against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever, and/or howsoever arising, from their participation in this Competition.

5.7 Acknowledge that the promoter is, in terms of sub-regulation 11(6)(a) of GNR.293 of 1 April 2011, obliged to retain certain information relating to a Competition for a period of at least three (3) years which may include personal information of Entrants as envisaged in terms of the Protection of Personal Information Act 4 of 2014 and therefore consent to: (i) the processing of their personal information by the Promoter, any of their operators, commercial partners, agents and sub-contractors (who may be outside South Africa) on the condition that they will keep such information confidential; (ii) the collection of their personal information from any other source to supplement the personal information which the Promoter has about them; (iii) the retention of their personal information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes.

No purchase by an Entrant is required to enter Back The Artist 2017 and entry is free of charge, except for the costs of using the internet, or any similar media/device in connection with a Competition which shall be payable by Entrants. The aforementioned costs will not be more than the normal fee an Entrant will pay to his service provider or for using the internet. For the purposes of this paragraph “any similar media/device” shall be deemed to include: e-mail; internet; computer hardware and/or software; and data services provided by third parties.

The Promoter shall accept no responsibility whatsoever for any communication which is not delivered, received or is delayed or damaged due to technical reasons or otherwise, whether conveyed by email, the internet, via a website run by a third party or otherwise.

The Promoter reserves the right to disqualify any Entrant from Back The Artist 2017 and/or withhold any prize if they have reasonable grounds to believe that any such Entrant has breached any of the Rules.

In any matters concerning any part of a Competition or any part of the solution to, or outcome of, a Competition (where applicable), the Promoter’s decision will be final and no correspondence or discussion shall be entered into with any Entrant or with any other person acting on an Entrant’s behalf regarding any such decision.

No conduct, including any act, omission, and/or representation, which may amount or be deemed to amount to a relaxation or indulgence allowed or granted to an Entrant by the Promoter, at any time, shall be deemed to be a waiver of any of the Rules by the Promoter, and any such relaxation or indulgence shall not be deemed as a novation or waiver of any of the Rules, or create any estoppel against the Promoter.

Requirements for Participants

In order to enter this Competition as an entrant i.e Musician, Entrants must:

11.1 comply with and/or fulfil any additional requirements provided for in the Entry Instructions on or before the Cut Off Date;

11.2 be at least eighteen (18) years old;

11.3 All entrants need to have their chosen track avaliable publicly on Soundcloud

11.4 If any entrants have not provided a track via soundcloud, biography, MP3 or profile picture, the entry will be removed.

11.5 be a natural person participating in their personal capacity;

11.6 primarily reside in the Republic of South Africa;

11.7 not be; a director, member, partner, employee or agent of, or consultant to the Promoter; or any other person who directly or indirectly controls or is controlled by the Promoter; or a supplier of goods or services in connection with the relevant competition;­

11.8 not be the spouse, life partner, sibling, child or parent of any of the persons specified at subparagraph 11.6;

11.9 not, at any time during a period of one (1) year immediately prior to the Commencement Date of the Competition, have won any Competition run by the Promoter or qualified as a Finalist in any Competition run by the Promoter; and at all times, comply with the Rules of the Competition.

In order to enter this Competition as an voter, Voters must:

12.1 comply with and/or fulfil any additional requirements provided for in the Entry Instructions on or before the Cut Off Date;

12.2 be at least eighteen (18) years old;

12.3 Voters may only vote for an artist (entrant) ONCE per round

12.4 Voters may vote for several artists per round (One vote per artist, per round)

12.5 Fraudulent votes will be removed as the judges see fit and no correspondance will be entered into regarding the vote’s legitimacy.

12.6 be a natural person participating in their personal capacity;

12.7 primarily reside in the Republic of South Africa;

12.8 not be; a director, member, partner, employee or agent of, or consultant to the Promoter; or any other person who directly or indirectly controls or is controlled by the Promoter; or a supplier of goods or services in connection with the relevant competition;­

12.9 not be the spouse, life partner, sibling, child or parent of any of the persons specified at subparagraph 11.6; not, at any time during a period of one (1) year immediately prior to the Commencement Date of the Competition, have won any Competition run by the Promoter or qualified as a Finalist in any Competition run by the Promoter; andat all times, comply with the Rules of the Competition.

Competition Guidelines

In order to be entered in as an Artist (Entrant) – You need to complete the form on backtheartist.co.za

13.1 You have to enter between 1st August at 10AM – 31st August 2017 12PM to qualify

Round 3: The judges will decide who will make it through to the final round of The Top 5 and perform at the event

Top 5 will be announced on 6th October 2017

Round 4: The Top 5 will perform at an event on the 21st of October, where our Judging Panel will choose the Back The Artist 2016 winner! The promoter reserves the right to change the date of the final event.

Winners

The winner will be contacted and informed that they have won a prize within a reasonable time after the Promoter has made such determination, and the Promoter will further advise winners regarding arrangements for the Prize.

The Promoter may contact Entrants by any of the following means: (i) Facebook message, (ii) Email, (iii) SMS, (iv) telephone, (v) post, or (vi) any combination of the foregoing.

17.3 Inclusion in the Jägermeister Music Program in 2018 which includes the following

17.3.1 Social Media support worth R4,000

17.3.2 Merchanise worth R10,000

17.3.3 Branding worth R10,000

17.3.4 Video worth R20,000

17.3.5 Stock worth R12,000

17.4 The Prize is not exchangeable for cash, and will not be transferable or negotiable;

The Promoter reserves the right to substitute a Prize for an alternative prize of equal or greater value should the Prize promoted not be available due to unforeseen circumstances; this includes the advertising value equivelant of any promoting done by the promoter for the winning musician.

The winning musician will be responsible for providing the mandated documentation in order to receive payment in due time.

The Promoter shall under no circumstances be liable for any injury or damage to property suffered by the Winner or the Winner’s chosen companions in any way arising from the Winners participation in this competition whatsoever. The Winner further warrants that the Winner’s chosen companions will be made aware of and accept the provisions of the Rules insofar as it relates to them prior to being chosen by the Winner and the Winner hereby indemnifies the Promoter against any claim by any of the Winner’s chosen companions for any damages for which the Promoter has waived it liability in terms hereof.

Royalties on Track

Rouge, DJ Maphorisa and Kid X will have 18% royalty and 25% publishing rights on the winning track

Ownership & Publicity

Organiser does not claim ownership of your submission to the Competition; but by submitting an entry, you are granting Organiser and its affiliated companies the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid-up rights: (1) to make, have made, use, copy, reproduce, modify, and create derivative works of the contributions, (2) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell and sell, rent, lease, or lend copies of the contributions (and derivative works thereof), (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, and (4) to publish your name or alias in connection with this Competition and your contributions.

Entrants understand and agree that their submission may be posted and publicly viewable. By providing a submission, you grant Organiser and its affiliated companies the right, except where prohibited by law, to use your name for Competition purposes in promoting or publicizing the Competition, including right to name the winner(s) of the prize(s) in public Organiser, however, does not have any obligation to use the winning Entries for any purpose.

The winner/s hereby agrees to allow the Organiser’s, to require the winner/s (at no fee) to be identified and a photographs taken and published in printed media, or to appear on radio and television,and various online channels when accepting their prize(s). All entries become the property of Organiser.

Details of the winner/s may also be announced on the Organiser’s website and any other media properties that it chooses. Organiser, acting reasonably, retains the right to delay the timing of the publication of the winners of the Competition.

By entering this, the Organiser reserves the right to communicate with you at any given time during and after the campaign and you may opt out or de-register at any time.

Amendments to Rules

The Rules may be amended by reasonable notification at any time during a Competition, and will be applied and interpreted at the sole discretion of the Promoter. Such altered Rules and/or Prize shall become effective immediately after being altered or on such date as may be determined by the Promoter. No Entrant shall have any recourse against the Promoter as a result of any alterations of the Rules and/or or Prize.

purport to have in terms of the Rules, and acknowledge that they will have no recourse against the Promoter whatsoever.The Promoter reserves the right to terminate a Competition immediately at any stage prior to an Entrant complying with the requirements of Clause 22, whether required as a result of changes in legislation, or if required by any national, provincial or municipal authority, or within the sole discretion of the Promoter for any reason whatsoever. Notice of such termination shall be published on the Website. In such an event, all Entrants agree to waive any rights that they may have/

General

Should any part/s of the Rules be held to be invalid, unlawful or unenforceable, such part/s will be severable from the remaining Rules, which will continue to be valid and enforceable. If any term or condition held to be invalid is capable of an interpretation which is valid, Entrants agree that such interpretation is to be effectual, provided that such interpretation is in the interests of the Promoter.

The Agreement will be governed by and construed in accordance with the law of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.

Notwithstanding termination of the Agreement, any clause, which, from the context, contemplates ongoing rights and obligations of the Promoter and/or Participant, shall survive such termination and continue to be of full force and effect.

Should the Entry Instructions additionally require Entrants to submit any Intellectual Property to Enter then in such event all Entrants agree to grant the Promotor a non-exclusive License to use any such submitted Intellectual Property in any manner and for whatever purpose the Promoter deems fit. All Entrants further warrant to the Promoter, by submitting such Intellectual Property, that they have the necessary authority to submit the Intellectual Property; and further to grant the promoter the herein contemplated non-exclusive license.

In the event of any conflict between any provision contained herein and any provision contained in the Entry Instructions the Provision herein will prevail and be od full force and effect, unless such provisions are capable of being interpreted in such a way so as to cure any apparent conflict, in which case such interpretation will be followed instead.

Privacy Policy

The protection of your personal data is very important to Mast-Jägermeister SE and thus takes the compliance with privacy protection laws very seriously.

Below, we will inform you of the details on how, to what extent and the purpose of the collection and use of personal data by Mast-Jägermeister SE.

Collection and Processing of Personal Data When Using Websites

When visiting our website www.backtheartist.co.za the following data is collected, processed and used:

IP address (temporary) • Date and time of the use of website • Requested Internet address (URL) • Type of Internet browser • Date, time and content of error message (if applicable)

The above-mentioned data is stored solely to identify and troubleshoot technical errors or misuse of the above-mentioned website and services of Mast-Jägermeister SE should they occur. An analysis of the data mentioned for the creation of personal user profiles does not take place.

Collection and Processing of Personal Data Upon Registration and/or Ordering Without Registration

On our website www.backtheartist.co.za all of the data entered into the form by you is collected, processed and used by the Mast-Jägermeister SE solely for the purpose of (potential) order processing as well as our own legitimate commercial interests. The storage and use of your personal data always occurs in accordance with the applicable data protection regulations.

Mast-Jägermeister SE is entitled to collect and process anonymous user information for demographic purposes and to use such information for statistical, trend-recognition, quality assurance and market research purposes and to pass on such anonymous data to third parties.

Cookies

During a visit to the www.backtheartist.co.za website so-called cookies are used. Cookies are small text files that are sent to the user’s browser and stored on the computer to save them as an anonymous identifier. Through the use of cookies, the visitor can be identified as an authorized user during the visit to the www.backtheartist.co.za website.

This is necessary to avoid entries already made on some applications do not need to be submitted again. A cookie contains only information supplied by a server and/or entered on request by the user (e.g. domain, path, expiry date, cookie name and value). Personal data is not collected by cookies. A cookie cannot spy on a hard disk.

If you wish, you can restrict the storage of all cookies through your web browser general or decide yourself whether you want to allow storage or not. The rejection of cookies can result in some pages not being displayed correctly.

Google Analytics

We also use Google Analytics, a web analysis service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; „Google“). Google Analytics uses cookies, which enable an analysis of how you use the Jägermeister websites. The information collected by the cookie about your use of the Jägermeister websites is transmitted to a Google server in the US and stored there. Mast-Jägermeister SE uses Google Analytics with the extension “_anonymizeIp()” so that IP addresses transmitted to Google are first truncated and further processed on servers located in Europe to prevent them being used to identify any particular individual directly. Google will use this information for the purpose of evaluating your use of our website, for compiling reports on website activity for us and for providing other services relating to website activity and Internet usage. Google may also forward this information to third parties if it is required to do so by law or if third parties process this data on its behalf. Under no circumstances will Google associate your IP address with any other data held by Google. You can prevent the installation of the Google Analytics cookie on your computer by adjusting your browser accordingly; however, we must point out that, in this case, not all functions of our website may be available to you in their full capacity. You may object to the collection and storage of data for Google Analytics at any time with effect for the future by using a Google browser plug-in (available athttps://tools.google.com/dlpage/gaoptout?hl=en.

Links to external Websites

Our website www.backtheartist.co.za contains links to other websites that are not operated by Mast-Jägermeister SE. If the user visits such websites, they should pay attention to the data protection regulations on those websites as well as other information. Mast-Jägermeister SE accepts no responsibility or liability whatsoever for the data protection standards and the handling of personal data of other companies.

Newsletter

The e-mail address you specified during registration is only used by Mast-Jägermeister SE for sending information related to Mast-Jägermeister SE and its services including the sending of newsletters, but only if the appropriate box was clicked during registration to expressly agree to the sending of e-mails.

You have the right to unsubscribe to information and newsletters Mast-Jägermeister SE. To do this, please send an e-mail request to webmaster@jaegermeister.de.

Facebook Plugins

The www.backtheartist.co.za website contain social plugins ("plugins") from the social network facebook.com, which is operated by Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland ("Facebook"), which forwards the data from the plugins to Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The plugins are marked with a Facebook logo or additionally "Facebook Social Plugin".

When you access a Mast-Jägermeister SE website that includes such a plugin, your browser establishes a connection to the Facebook servers. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the website.

Through the integration of plugins, the IP address assigned to you is made known to Facebook as well as the information that the user of the IP address accessed the website you visited. If you are signed in to Facebook, Facebook can identify you as a visitor and as owner of the account. When you interact with plugins, for instance by clicking the "Like" button or making a comment, the corresponding information will be transmitted from your browser directly to Facebook and stored there. Purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights and the possible settings to protect your privacy can be found in Facebook’s data protection policy (http://www.facebook.com/about/privacy/).

Twitter Plugins

Our websites use the Twitter service, a microblogging service operated by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. This service is displayed as "Twitter" or "Follow", combined with a symbol of a stylized blue bird. Via these buttons it is possible to share or follow the website content.

When you visit a page of the Mast-Jägermeister SE website that contains such a plugin, your browser establishes a direct connection to Twitter servers. Twitter directly transfers the content to your browser which embeds it into the website. We thus have no influence on the data gathered by the Twitter plugin.

According to Twitter, no personal data is collected without clicking on the button. Only if you click the Twitter buttons, your IP-address and URL is processed to Twitter, but only for the purpose to display the buttons on the visited websites.

Purpose and scope of the data collection and the further processing and use of the data by Twitter as well as your rights and the possible settings to protect your privacy can be found in Twitter’s data privacy policy.

If you do not want Spotify to be able to assign your visit on the Mast-Jägermeister SE website to your Spotify account, please log out of your Spotify user account.

Transfer of Personal Data to Third Parties

Mast-Jägermeister SE only shares or transmits users’ personal data with third parties when necessary for the purpose of order processing or billing purposes, when the user gives their express consent or when Mast-Jägermeister SE is legally required to disclose personal data.

In this case, we cooperate with other companies to fulfill our clients’ requests, we make sure that the handling of your data occurs in compliance with the effective data protection laws.

Contact Data for Your Objection to the Usa of Your Details

If you would like information on the data stored about you, or wish to change or delete it, please send an e-mail to webmaster@jaegermeister.de or a letter to: